While it is certainly a common practice among law enforcement in Florida, speed traps have long been debated as to whether or not they are legal. The short answer, much to the chagrin of the drivers who have fallen prey, is they are considered legal within the state of Florida during the normal course of business.
Agencies Responsible for Speed Traps
Depending on jurisdiction and type of roadways, speed traps are used by either the Florida Highway Patrol along state or interstate highways or local law enforcement on county roads or city streets. In areas such as New Port Richey, one would expect to encounter local police if and when a speed trap is employed. It should be noted that some speed traps are used to promote safety while others are used to create revenues for local governments.
Restrictions on Speed Traps
There are no specific restrictions as to where or when speed traps can be used. It is simply up to the discretion of law enforcement official. Some speed traps are set up on a temporary basis to combat traffic concerns in certain areas until those concerns are brought under control. That said, other speed traps are set up on a permanent basis, especially when a particular stretch of highway gains a reputation for being a prime spot for speeders to make up valuable time. For the benefit of travelers, information related to the location of infamous speed traps can be found through organizations like the American Automobile Association (AAA) or on websites specifically designed to keep travelers informed on speed trap locations.
What Is Entrapment?
While speeding traps are legal, officers may not use methods of entrapment. Entrapment is any act that encourages a driver to break the law in order to induce an arrest. What is and is not considered entrapment varies, so you should speak with an attorney if you have questions about whether your violation qualifies as entrapment.
Laporte, Mulligan & Werner-Watkins to the Rescue
If you are arrested or receive a citation related to a traffic violation, you have the right to legal representation. The attorneys of Laporte, Mulligan & Werner-Watkins understand the laws pertaining to speed traps and are prepared to mount a defense of your behalf if necessary. If you believe you might have grounds for fighting legal action being taken against you, you can contact one of the our firm’s experienced attorneys for a free consultation.